The United States Congress passed the Clean Water Act (33 USC Section 1251 et seq.,) (Clean Water Act) mandating that cities obtain permits to effectively prohibit non-stormwater discharges into the storm sewers and require controls to reduce the discharge of pollutants to the maximum extent practicable. This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non-point source discharges to California's waterways. The Santa Ana Regional Water Quality Control Board (Regional Board) addresses this obligation to implement the Clean Water Act by periodically issuing waste discharge requirements for the County of Orange, Orange County Flood Control District and the incorporated cities of Orange County within Regional Board jurisdiction. These waste discharge requirements shall be referred to herein as the National Pollution Discharge Elimination System (NPDES) permit. The City is named as a co-permittee under the NPDES permit and must comply with the requirements set forth in the NPDES permit.
(Ord. 18-04)
The purpose of this chapter is to establish uniform standards for the improvement of water quality, to comply with the federal requirements for the control of urban pollutants to stormwater runoff, which enters the network of storm drains throughout Orange County, and to regulate discharges of stormwater to the storm drain system within the City.
(Ord. 18-04)
Unless otherwise stated, the following definitions shall apply to this chapter:
"Accelerated erosion"
means the rate and amount of erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away. Erosion includes the movement or loss of soil by the action of water, wind or chemicals.
"Basin plan"
means the water quality control plan for the Santa Ana Basin adopted by the Santa Ana Regional Water Quality Control Board in March 1994 and any subsequent updates and amendments.
"Best management practices (BMPs)"
means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures and other management practices or devices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to stormwater, receiving waters or the stormwater drainage system. BMPs may be structural or non-structural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this chapter.
"Co-permittee"
means the County of Orange, the Orange County Flood Control District, and/or any one of the other municipalities within the County of Orange, including the City, which are responsible for compliance with the terms of the NPDES permit.
"DAMP"
means the Orange County Drainage Area Management Plan, including all appendices, as the same may be amended from time to time.
"Development project guidance"
means DAMP Chapter VII and the Appendix thereto, entitled New Development/Significant Redevelopment, as the same may be amended from time to time.
"Discharge"
means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
"Enforcing attorney"
means the City Attorney or the District Attorney.
"Hearing officer"
means the Public Works Director or designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.
"Illicit connection"
means any man-made physical connection to the stormwater drainage system which has not been authorized by the agency with jurisdiction over the system at the location at which the physical connection is made, or any such authorized connection which conveys prohibited discharges or any pollutant to the stormwater drainage system.
"Impaired water body"
means a water body that is listed by the California State Water Resources Control Board as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Clean Water Act.
"Impervious surface area"
means the ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if directly above). For example, the impervious surface area for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.
"Impervious surfaces" or "covers"
means a constructed or modified surface that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways.
"Inspector"
means authorized City inspectors who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter.
"LIP"
means the City Local Implementation Plan, including all appendices, together with any amendments or revisions, which is the document detailing the City's implementation of the DAMP.
"Maximum extent practicable"
means the acceptability standard for best management practices (BMPs) established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that dischargers of stormwater must meet. Maximum extent practicable means using the most effective set of BMPs that can be implemented and still remain practicable. A BMP is effective if it prevents, reduces or removes pollutants that would otherwise be present in the runoff due to human activity. A BMP is practicable if it complies with stormwater and other regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. Maximum extent practicable generally emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense).
"National pollutant discharge elimination system (NPDES) permit"
means the currently applicable municipal discharge permit(s) issued by the Santa Ana Regional Water Quality Control Board, which establishes waste discharge requirements applicable to stormwater and urban runoff in the City.
"New development"
means all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
"Non-prohibited discharge"
means those discharges not prohibited by this chapter, and include only the following: (1) non-stormwater discharges authorized by a separate NPDES permit (other than the NPDES permit for discharges from the municipal stormwater drainage system) provided compliance with all permit conditions is maintained; (2) discharges from fire fighting activities; and (3) the following non-stormwater discharges pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1) and listed in the NPDES permit, unless any of the following are identified as a significant source of pollutants to waters of the United States:
1. 
Discharges composed entirely of stormwater;
2. 
Potable water line flushing and other potable water sources;
3. 
Air conditioning condensate;
4. 
Landscape irrigation, lawn garden watering and other irrigation sources;
5. 
Passive foundation drains;
6. 
Passive footing drains;
7. 
Water from crawl space pumps;
8. 
Dechlorinated swimming pool discharges;
9. 
Non-commercial vehicle washing;
10. 
Diverted stream flows;
11. 
Rising groundwaters and natural springs;
12. 
Groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater;
13. 
Flows from riparian habitats and wetlands;
14. 
Emergency fire fighting flows (i.e. flows necessary for the protection of life and property);
15. 
Waters not otherwise containing wastes as defined in California Water Code Section 13050(d); and
16. 
Other types of discharges identified and recommended by the permittees and approved by the Regional Board.
"Nonresidential plumbing permit"
means a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than stormwater, potable water, reclaimed water or domestic sewage.
"Non-stormwater"
means all discharges to and from a stormwater drainage system that do not originate from precipitation events (i.e. all discharges from a stormwater drainage system other than stormwater).
"Person"
means any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative.
"Pollutant"
means any agent introduced to stormwater or non-stormwater that may cause or contribute to the degradation of receiving water quality such that public health, the environment, or beneficial uses of receiving waters may be affected. The term may include, but is not limited to:
1. 
Artificial materials (such as floatable plastics, wood products or metal shavings);
2. 
Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);
3. 
Metals and non-metals, including compounds of metals and non-metals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;
4. 
Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. 
Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);
6. 
Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;
7. 
Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);
8. 
Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
9. 
Materials which contain base/neutral or acid extractable organic compounds;
10. 
Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and
11. 
Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.
"Priority development project"
means any of the following development categories as defined in the NPDES permit:
1. 
All significant redevelopment as defined herein;
2. 
New developments that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family homes, multi-family attached subdivisions (townhomes), apartments, condominiums, etc.), mixed-use and public projects;
3. 
Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539);
4. 
Restaurants where the land area of development is 5,000 square feet or more;
5. 
Hillside developments of 5,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is 25% or more;
6. 
Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as areas of special biological significance or water bodies listed on the CWA Section 303(d) list of impaired waters;
7. 
Parking lots of 5,000 square feet or more of impervious surface exposed to stormwater. Parking lot is defined as a land area or facility for the temporary storage of motor vehicles;
8. 
Streets, roads, highways and freeways of 5,000 square feet or more of paved surface. This includes any paved surface used for the transportation of automobiles, trucks, motorcycles and other vehicles and excludes routine maintenance activities when the footprint is not changed;
9. 
Retail gasoline outlets of 5,000 or more square feet with projected average daily traffic of 100 or more vehicles per day;
10. 
Emergency and public safety projects in any of the above-listed categories may be excluded if the delay caused due to the requirement for a WQMP compromises public safety, public health and/or environmental protection.
"Prohibited discharge"
means any discharge to or from the stormwater drainage system or to a receiving water that is not composed entirely of stormwater. This includes, but is not limited to, discharges of non-stormwater that are not defined as non-prohibited discharges, any discharge from an illicit connection, or any discharge which causes or contributes to the exceedance of basin plan receiving water quality objectives. Discharges pursuant to a separate NPDES permit (other than the NPDES permit for discharges from the municipal stormwater drainage system) are prohibited unless compliance with all applicable permit conditions is maintained.
"Receiving water"
means all waters as defined in the NPDES permit, including, but not limited to, natural streams, creeks, rivers, lakes, bays, the Pacific Ocean and groundwater.
"Significant redevelopment"
means the addition or replacement of 5,000 square feet or more of impervious surface on a developed site. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in the addition or replacement of less than 50% of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria applies only to the addition or replacement, and not to the entire developed site. Where redevelopment results in the addition of 50% or more of the impervious surfaces of a previously existing developed site, the numeric sizing criteria applies to the entire development.
"State general permit"
means the State General Industrial Stormwater Permit, the State General Construction Permit or any other state general permit that has been or will be adopted and the terms and requirements of' any such permit. In the event the EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.
"Stormwater"
means surface runoff and drainage associated with storm events and snow melt, and is that portion of precipitation that flows across a surface to the stormwater drainage system or receiving waters. Examples include, but are not limited to: the water that flows off a building's roof when it rains (runoff from an impervious surface); the water that flows from a vegetated surface when rainfall is in excess of the rate at which it can infiltrate into the soil (runoff from a pervious surface); and the water that flows into streams when snow on the ground begins to melt.
"Stormwater drainage system"
means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County-wide stormwater runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any co-permittee, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.
"Urban runoff"
means all flows in the stormwater drainage system and consist of stormwater and non-stormwater flows.
"Water quality management plan (WQMP)"
means a water quality plan that is designed to minimize pollutant discharges during operation activities. Another synonymous term for such a water quality plan is Standard Urban Storm Water Mitigation Plan (SUSMP).
(Ord. 18-04; Ord. 6-10, 2010)
A. 
New Development and Significant Redevelopment.
1. 
All new development and significant redevelopment shall be undertaken to ensure that pollutant discharges from development are reduced to the maximum extent practicable, and in accordance with:
a. 
The NPDES permit, the DAMP and the LIP, including, but not limited to, the development project guidance;
b. 
Any conditions and requirements established by the City's Public Works Department, which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site;
c. 
All priority development projects as defined in this section shall comply with WQMP requirements. Projects that do not qualify as a priority development project but which will require a nonresidential plumbing permit or a discretionary action that will include a precise plan of development shall also comply with Section 7.01.060, except as noted in subsections (A)(3) and (5) of this section.
2. 
Prior to the issuance by the City of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the Public Works Director shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection (A)(1) of this section. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the Public Works Director shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection (A)(1) of this section prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.
3. 
Notwithstanding subsections (A)(1) and (2) of this section, compliance with the development project guidance shall not be required for construction of a (one) single-family detached residence unless it falls under one of the priority categories as defined in 7.01.030, or the Public Works Director determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.
4. 
Compliance with the conditions and requirements of the DAMP and LIP shall not exempt any person from the requirement to independently comply with each provision of this chapter.
5. 
If the Public Works Director determines that the project will have a de minimis impact on the quality of stormwater runoff, then he/she may issue a written waiver of the requirement for compliance with the provisions of the development project guidance.
6. 
The owner of a new development or significant redevelopment project shall implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (A)(1) of this section on a new development or significant redevelopment project.
7. 
The Public Works Director may require that the terms, conditions and requirements imposed pursuant to subsection (A)(1) of this section be recorded with the County Recorder's office by the property owner. The signature of the owner of the property shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation.
B. 
Cost Recovery. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the City in the review of new development or significant development projects for compliance with the DAMP and LIP. The Public Works Director may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.
C. 
Litter Control.
1. 
No person shall discard any waste material, including, but not limited to, common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including, but not limited to, any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system.
2. 
Every person occupying or having charge and control of property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of same.
3. 
A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.
(Ord. 18-04; Ord. 6-10, 2010)
A Water Quality Management Plan (WQMP) shall be prepared and submitted for all priority development and significant redevelopment projects, for nonpriority projects as described in the DAMP and for projects as required by the Public Works Director. The City may require independent review of the submitted WQMP, and the development project proponent shall pay for the cost of the independent review. The WQMP shall include low impact development practices (LID), source control and structural and treatment control best management practices as specified in the NPDES permit, and the WQMP shall be prepared in conformance with the DAMP and LIP. Treatment control BMPs shall be required for all priority development projects, and such projects shall be designed so that the treatment control BMPs comply with the volume or flow design criteria specified in the NPDES permit.
(Ord. 18-04; Ord. 6-10, 2010)
Every person owning property or conducting any activity, operation or facility shall comply with applicable BMP as identified in the DAMP and LIP in order to prevent, to the maximum extent practicable, pollutants from entering the stormwater drainage system and maintain the BMPs as specified in the project approved WQMP of Section 7.01.060.
(Ord. 18-04; Ord. 6-10, 2010)
A. 
Scope of Inspections.
1. 
Right to Inspect. Except for emergency abatements, access to public areas and annual inspections as required by the DAMP and/or LIP, prior to commencing any inspection authorized by this section, the Inspector shall obtain either the consent of the owner or occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant. For annual inspections required by the DAMP and/or LIP, the authorized water quality enforcement staff may inspect a property or facility during normal businesses hours upon 24 hours notice to the owner, operator, or person responsible for the day to day activities of such property or facility.
2. 
Entry to Inspect. The inspector may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the City.
3. 
Compliance Assessments. The inspector may inspect property for the purpose of verifying compliance with this chapter, including, but not limited to: (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (b) identifying points of discharge of all wastewater, process water systems and pollutants; (c) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; and (e) locating any illicit connection or the source of prohibited discharge.
4. 
Portable Equipment. For purposes of verifying compliance with this chapter, the inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
5. 
Records Review. The inspector may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, State general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.
6. 
Sample and Test. The inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The inspector may investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.
7. 
Monitoring. The inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system.
8. 
Test Results. The owner or occupant of property subject to inspection shall, upon submission of a written request, receive copies of all monitoring and test results conducted by the inspector.
(Ord. 18-04)
A. 
Administrative Remedies.
1. 
Notice of Noncompliance. The inspector may deliver a notice of noncompliance to the owner or occupant of any property or to any person responsible for an illicit connection or prohibited discharge.
a. 
The notice of noncompliance shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of noncompliance shall state that continued non-compliance may result in additional enforcement actions against the owner, occupant and/or person.
b. 
The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed 90 days unless the inspector extends the compliance deadline an additional 90 days where good cause exists for the extension.
c. 
The notice of noncompliance may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to immediately:
i. 
Discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
ii. 
Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
iii. 
Immediately discontinue any other violation of this chapter;
iv. 
Clean up the area affected by the violation;
v. 
Immediately cease any activity not in compliance with the conditions or requirements issued pursuant to Section 7.01.050(A)(1), or the terms, conditions and requirements of the applicable permit.
2. 
Recovery of Costs. If the violation is not corrected within the time set in the notice of noncompliance, the inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of noncompliance, an invoice for costs which shall include the cost of the re-inspection. To the extent allowed by state law, an invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in re-inspecting the violation.
If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this chapter, then the enforcing attorney may institute collection proceedings.
3. 
Delivery of Notice. Any notice of noncompliance or invoice for costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:
a. 
The notice shall state that the recipient has a right to appeal the matter as set forth in subsection (A)(4) of this section;
b. 
Delivery shall be deemed complete upon: (i) personal service to the recipient; (ii) three days after deposit in the U.S. mail, postage pre-paid for first class delivery; or (iii) facsimile service with confirmation of receipt;
c. 
Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City;
d. 
Where the owner or occupant of any property cannot be located after the reasonable efforts of the inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of 10 business days.
4. 
Administrative Hearing for Notices of Noncompliance. Except for criminal prosecutions, any person receiving a notice of noncompliance that directs that person to immediately discontinue or divert any flow off property or to pay an invoice for costs, may appeal the matter by requesting an administrative hearing.
a. 
Request for Administrative Hearing. Any person appealing a notice of noncompliance or an invoice for costs under this section, shall file a written request for an administrative hearing with the City Clerk within 10 days of receipt of the notice of noncompliance or invoice of costs, accompanied by an administrative hearing fee as established by separate resolution, with a copy of the request for administrative hearing mailed or delivered on the date of filing to the Public Works Director. Failure to timely file the request shall be deemed a waiver and the City's determination on such matter shall be deemed final. If a request is timely filed, a hearing on the matter shall be held within 30 business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted. The Hearing Officer shall afford each party the right to present testimony and other documentary evidence as necessary for explanation of the case.
b. 
Final Decision and Appeal. The final decision of the Hearing Officer shall issue within 10 business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision.
5. 
City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to this section.
B. 
Nuisance. Any condition in violation of this chapter which has the potential to discharge pollutants into storm sewers shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771 and the City may undertake any steps permitted under the Orange Municipal Code and State law to abate the condition. In the event the nuisance constitutes an imminent danger to public safety or the environment, the City may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public health, safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.
Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing may be requested by any property owner or occupant of the property abated and shall follow the emergency abatement action as soon as practicable.
1. 
Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.
2. 
Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1. The enforcing attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accordance with the conditions and requirements of Government Code Section 38773.5.
C. 
Criminal Penalties.
1. 
Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months, or both. At his or her discretion, the enforcing attorney may treat the violation as an infraction and in such case, the violation shall be punishable by a fine of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year.
2. 
Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, notice of noncompliance or a permit issued pursuant to this chapter, shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.
D. 
Non-exclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be non-exclusive and it is within the discretion of the inspector or enforcing attorney to seek cumulative remedies.
E. 
Citations.
1. 
Pursuant to Penal Code Section 836.5, the inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6, and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Inspector shall refer the matter to the enforcing attorney.
2. 
Each citation to appear shall state the name and address of the violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least 10 business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited.
F. 
Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation of the Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this chapter.
G. 
Injunctions. The enforcing attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter.
1. 
Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law.
H. 
Other Civil Remedies.
1. 
The enforcing attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of: (a) all costs incurred in enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; (b) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (c) damages for irreparable harm to the environment.
2. 
The remedies available to the City pursuant to the provisions of this chapter shall not limit the right of the City to seek any other remedy that may be available by law.
(Ord. 18-04)
The City intends to cooperate with other agencies with jurisdiction over stormwater discharges to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Clean Water Act are met. The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this chapter.
(Ord. 18-04)
Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater quality.
(Ord. 18-04)
This chapter will be known as the City of Orange Water Shortage Contingency Response Ordinance and is enacted under the authority of California Water Code Sections 10630 et seq.
(Ord. 16-21, 2021)
A. 
The general welfare of the residents of Orange requires that the water available to the City be utilized in a manner which maximizes beneficial use and that the waste and unreasonable use of water be prevented. The intent of this chapter is to reduce water consumption within the City through conservation and effective water supply planning, assure the reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.
B. 
This chapter:
1. 
Establishes permanent water conservation requirements;
2. 
Establishes six levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency; and
3. 
Establishes regulations to be implemented during times of declared water shortages or declared water shortage emergencies, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies; and
4. 
Gives priority to the response protocols in an adopted hazard mitigation plan in the event of natural and human-caused disasters.
(Ord. 16-21, 2021)
The following words and phrases whenever used in this chapter have the meaning defined in this section:
"Billing unit"
means the unit of water used to apply water rates for purposes of calculating water charges for a person's water usage and equals 100 cubic feet or 748 gallons of water.
"City"
means the City of Orange.
"DWR"
means the California Department of Water Resources.
"Landscape irrigation system"
means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
"Large landscape areas"
means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.
"Person"
means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the City.
"Potable water"
means water which is suitable for drinking.
"Recycled water"
means the reclamation and reuse of non-potable water for beneficial use.
"Single pass cooling systems"
means equipment where water is circulated only once to cool equipment before being disposed.
"WSCP"
means the City's adopted Water Shortage Contingency Plan.
(Ord. 16-21, 2021)
A. 
This chapter applies to any person in the use of any potable water provided by the City.
B. 
This chapter does not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
C. 
This chapter does not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.
D. 
This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans.
(Ord. 16-21, 2021)
Water customers of the City shall not use, or permit the use of water in a manner contrary to any provision of this chapter or in an amount in excess of that amount permitted by any curtailment provisions then in effect pursuant to action taken by the adoption of a resolution of the City Council in accordance with the provisions of this chapter.
(Ord. 16-21, 2021)
The following water conservation requirements are permanently effective upon adoption of this chapter. Violations of this chapter will be subject to those penalties contained herein.
A. 
Limits of Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
B. 
Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than 15 minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons water per hour, and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard.
C. 
No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
D. 
No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device or a low-volume, high-pressure cleaning machine equipped to recycle any water used.
E. 
Restrictions on Vehicle Washing. Using water to wash a vehicle (including any automobile, truck, van, bus, motorcycle, boat, or trailer) is prohibited. This prohibition does not apply to washing that is performed by use of a hand-held bucket or hand-held hose equipped with a positive self-closing device or water shut-off nozzle. Additionally, this prohibition does not apply to any commercial car washing facility.
F. 
Recirculating Water Required in Decorative Water Features. The use of water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures is prohibited. This prohibition does not apply if such water is part of a recirculating system. Additionally, this prohibition does not apply to a water feature listed in the National Register of Historic Places, where water use is deemed necessary for the integrity of the feature.
G. 
Restrictions on Irrigation After Rainfall. The use of water to irrigate outdoor landscapes during or within 48 hours after measurable rainfall is prohibited.
H. 
Restrictions on Irrigation of Turf on Medians. The irrigation with potable water of ornamental turf on public street medians is prohibited.
I. 
Restrictions on Irrigation of Newly Construction Building Sites. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development is prohibited.
J. 
No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.
K. 
Restrictions on Hotels, Motels and Lodging Laundry: Hotels, motels, and other commercial lodging establishments shall provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments shall prominently display notice of this option in each bathroom using plain language.
L. 
Water Conserving Dish Wash Valves Required. Food preparation establishments such as restaurants or cafes are prohibited from using non-water conserving dish wash pre-rinse spray valves.
M. 
Restaurant Drinking Water upon Request Only. No restaurant, hotel, cafe, cafeteria, or other public place where food is sold, served, or offered for sale shall serve drinking water to any customer unless expressly requested.
N. 
No Non-recirculating Water Systems in Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. Existing commercial conveyor car wash systems must have installed and operational recirculating water systems, or must have secured a waiver of this requirement from the City.
O. 
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system shall be repaired immediately after such escape of water should have been discovered and corrected, and in no event more than 72 hours after receiving a notice from the City, unless other arrangements are made with the City.
(Ord. 16-21, 2021)
A. 
Under California Water Code Section 10632.1, the City is required to submit a water shortage assessment report to the California Department of Water Resources by July 1 of each year.
B. 
The City will follow the written decision-making process defined in its WSCP to assess water supply reliability on an annual basis.
C. 
City staff will determine if a water shortage exists based on the water shortage criteria and stages defined in the WSCP.
D. 
In the event a water shortage is triggered according to the procedures and conditions defined in the WSCP, the City Council will declare a shortage according to the defined water shortage levels.
E. 
The public will be informed of the shortage according to the procedures and protocols for communication identified in Section 7.02.080 of this chapter.
F. 
Sudden Catastrophic Water Supply Shortage. When the City Manager determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City's water supply, the City Manager may declare a catastrophic water shortage and impose whatever emergency water allocation or conservation actions deemed necessary, in the City Manager's professional judgment, to protect the reliability and quality of the City's water supply, until the emergency passes or the City takes other action. Such emergency action shall be ratified by the City Council at the next scheduled City Council meeting and shall be taken in accordance with Water Code Section 350 et seq.
G. 
The declaration of any particular stage of water shortage level shall remain in effect until such time as the City Council declares the water shortage level over according to the procedures and conditions defined in the WSCP.
H. 
The City shall coordinate with surrounding water suppliers and/or the County of Orange for the possible proclamation of a local emergency, as defined in Government Code Section 8558.
(Ord. 16-21, 2021)
Upon declaration of a water shortage, the City will inform all relevant stakeholders such as customers, the public, interested parties, and local, regional and state governments, of the effective date of the water shortage response actions associated with the relevant stage according to the communication procedures identified in the WSCP, including:
A. 
Any current or predicted shortages as determined by the annual water supply and demand assessment.
B. 
Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.
C. 
Any other relevant communications.
(Ord. 16-21, 2021)
A. 
Metropolitan Water District and MWDOC Water Shortage Contingency Plans follow the six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40 and 50 percent shortages, and a greater-than-50% shortage level, as set forth in Water Code Section 10632(a)(3)(A).
B. 
The City's water shortage levels are aligned with the state water shortage levels, as also defined in the MWDOC WSCP, and therefore comply with water code section identified above.
(Ord. 16-21, 2021)
A. 
The City Manager is authorized to require or impose reductions in the use of water if such reductions are necessary to comply with water supply shortage conditions as defined in the WSCP.
B. 
The shortage response actions that align with each level of water supply shortage are defined in the WSCP and include, at a minimum, all of the following:
1. 
Locally appropriate supply augmentation actions.
2. 
Locally appropriate demand reduction actions to adequately respond to shortages.
3. 
Locally appropriate operational changes.
4. 
Additional, mandatory prohibitions against specific water use practices that are in addition to state- and local-mandated prohibitions and are appropriate to the local conditions.
5. 
For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.
6. 
Each elevated shortage level will include the elements of the previous shortage level(s), including the mandatory restrictions on water waste detailed in the WSCP, and each elevated shortage level is intended to be more restrictive than the previous level(s).
7. 
As deemed necessary, an allocation of water supply under a water supply emergency condition beyond WSCP-defined actions may be implemented when water supply conditions dictate necessity.
(Ord. 16-21, 2021)
A. 
Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use, then the person may apply for a hardship waiver of the requirements, as provided in this section.
B. 
A hardship waiver is automatically granted for the following uses: watering of livestock at any time; commercial agriculture; orchards and vegetable gardens on residential zoned properties; and other special landscape areas (SLA).
C. 
Application. Application for a hardship waiver shall be on a form prescribed by the City and accompanied by a non-refundable processing fee in an amount set by City Council resolution. The application shall be accompanied by photographs, maps, drawings, and any additional information requested by the City, including a written statement of the applicant.
D. 
Written Findings. The hardship waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the property. The hardship waiver will be denied unless the City Manager finds, based on the information provided by the applicant, and on water use information for the property as shows by the records of the City, all of the following:
1. 
That the hardship waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses.
2. 
That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property of use that exceeds the impacts to residents and businesses generally.
3. 
That authorizing the hardship waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this chapter and will not be detrimental to the public interest.
4. 
That the subject property's condition, situation, or intended use for which the hardship waiver is sought is not common, recurrent, or general in nature.
E. 
The City Manager shall act upon a completed application no later than 10 days after submittal and may approve, conditionally approve, or deny the hardship waiver. The applicant shall be promptly notified in writing of any action taken. Unless specified otherwise at the time it is approved, a hardship waiver will apply to the subject property during the period of the mandatory water shortage condition. The decision of the City Manager will be final.
(Ord. 16-21, 2021)
A. 
It shall be unlawful for any customer of the City to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be in addition to those penalties provided in any other section of this code or in state law.
B. 
The penalties for failure to comply with this chapter shall be as set forth below. The penalty for a second, third, fourth, or subsequent violation within the preceding 12 calendar months shall be applicable regardless of whether prior violations within such period involved the same provision of this chapter.
1. 
First Violation. The City will issue a written warning and deliver a copy of this chapter by mail or posting (i.e., door hanger).
2. 
Second Violation. A second violation within 12 calendar months is punishable by a fine not to exceed $100.00.
3. 
Third Violation. A third violation within 12 calendar months is punishable by a fine not to exceed $250.00.
4. 
Fourth and Subsequent Violations. A fourth and any subsequent violation within 12 calendar months is punishable by a fine not to exceed $500.00.
C. 
In addition to any fines, the City may take any of the following actions:
1. 
Install a water flow restrictor device of approximately one gallon per minute.
2. 
Disconnect and/or terminate a customer's water service for a willful violation of mandatory restrictions under this chapter and the WSCP.
D. 
If either action set forth in Section 7.02.120(C) is taken, the person or entity in violation of this chapter will be responsible for payment of the City's charges for installation of the flow restrictor and/or disconnection/reconnection service, as applicable. For disconnection/termination of service, a conservation fee equal to the reconnection fee as set forth in the City's Master Schedule of Fees will be assessed to the customer's water account. All associated fees must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
E. 
Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.
F. 
Notice of Violation and Hearing.
1. 
Except for violations of this chapter subject to excessive water use penalties, if any person fails or refuses to comply with this chapter, the City Manager or designee shall provide that person with written notice of the violation and an opportunity to correct the noncompliance.
2. 
The written notice of violation shall be mailed or personally delivered to the address of the violation, to the party who is billed for the water, or to the property owner, as appropriate, and shall:
a. 
Be posted or presented at the site of the noncompliance;
b. 
State the time, date, and place of violation;
c. 
State a general description of the violation;
d. 
State the means to correct the violation;
e. 
State a date by which correction is required; and,
f. 
State the possible consequences of failing to correct the violation.
3. 
The notice of violation shall be mailed or personal delivered at least 10 days before any enforcement action.
4. 
A customer may appeal the notice of violation by filing a written notice of appeal with the City no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled and the City will mail written notice of the hearing date to the customer at least 10 days before the date of the hearing.
5. 
Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water shortage level.
6. 
If timely requested, a hearing on the appeal shall be held before the City Manager or designee who shall issue a final determination.
(Ord. 16-21, 2021)
In furtherance of the objectives of this chapter, the City may, at its discretion, elect to include any or all of the following provisions at any or all of the water conservation stages.
A. 
Limits on Building Permits. The City may limit or withhold the issuance of building permits which require new or expanded water service, in order to protect the public health, safety and welfare, or in cases that meet the City's adopted conservation offset requirements.
B. 
Customer Water Conservation Reports. The City may, by written request, require all commercial, residential and industrial customers using 25,000 or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.
C. 
Reporting Hotline. The City may establish a water waste hotline for residents to report violations of this chapter.
D. 
As deemed necessary, an allocation of water supply under a water supply emergency condition, beyond WSCP defined actions, may be implemented when water supply shortage conditions merit that action.
E. 
The City may provide water efficiency devices either directly or through supported programs. Such devices shall remain within the City's service area at all times. Devices provided by the City should be used with the intent to conserve water and are not to be modified in any way or sold.
(Ord. 16-21, 2021; Ord. 23-24, 8/13/2024)